questions & answers

Question: We are renting a house but one window is broken. We noticed it when we first moved in and that has been over 6 months ago. It's the only window in the room. The agency knows about the window but have not done anything. I feel it's a safety issue. What are our rights?

Answer: A.R.S. 33-1324(A)(1) The landlord shall comply with the requirements of applicable building codes materially affecting health and safety as prescribed in section 9-1303.

A.R.S. 9-1303(6)(b)  For the purposes of this chapter, a condition that materially affects the health and safety of the occupants of a residential rental dwelling unit includes...deteriorated or ineffective waterproofing of exterior walls, roof, foundations or floors, including broken windows or doors.

There are two different options to remedy the situation:

A.R.S. 33-1361 If there is a noncompliance by the landlord with section 33-1324 materially affecting health and safety, the tenant may deliver a written notice to the landlord specifying the acts and omissions constituting the breach and that the rental agreement will terminate upon a date not less than five days after receipt of the notice if the breach is not remedied in five days.

A.R.S. 33-1363 If the landlord fails to comply with section 33-1324, and the reasonable cost of compliance is less than three hundred dollars, or an amount equal to one-half of the monthly rent, whichever amount is greater, the tenant may...notify the landlord of the tenant's intention to correct the condition at the landlord's expense. After being notified by the tenant in writing, if the landlord fails to comply within ten days…, the tenant may cause the work to be done by a licensed contractor and, after submitting to the landlord an itemized statement and a waiver of lien, deduct from his rent the actual and reasonable cost of the work.